임대차보증금
The successor shall receive the real estate stated in the “Real Estate Indication” attached from the Plaintiff simultaneously.
1. Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 through 4 (including the number of branch numbers) as to the cause of the claim, the plaintiff entered into a lease contract with the defendants on or around December 27, 2013, setting lease deposit amount to KRW 99.8 million, and five years from the occupancy date of the lease term (hereinafter "the lease contract of this case"). ② The plaintiff was notified around April 22, 2020 when the lease contract of this case was renewed and still in existence, that the above notification was delivered to the defendants on or around April 22, 202. ③ However, the plaintiff continued to reside in the apartment of this case due to the defendants' failure to refund the deposit amount, and ④ the fact that the copy of the complaint of this case was served on or after June 14, 2020; and ④ the fact that the registration of ownership transfer became effective on or after July 201, 201.
According to the above facts, the successor acquired the ownership of the apartment of this case and succeeded to the status of the defendants under the instant lease agreement between the plaintiff and the defendants.
Therefore, the successor is obliged to pay the Plaintiff KRW 998 million deposit for the instant lease agreement at the same time with the delivery of the instant apartment complex from the Plaintiff as a result of the performance of the duty to restore the original status following the termination of the instant lease agreement.
On the other hand, according to the acquisition by the assignee of the apartment of this case for which the plaintiff maintains opposing power, the status of the lessor under the existing lease agreement is also exempted from the obligation, and it is existing against the plaintiff of the defendants.